COSTLY divorce battles could be made cheaper under a massive shake-up of the law.
Ministers are looking at reviewing the rules around how financial assets are divided up during a split,
GettyDivorce laws are set for a shake-up[/caption]
Critics say the laws are 50 years old and need a vital reboot – with couples confused about which routes to take.
Lord Bellamy, a justice minister, revealed last week the Law Commission is set to examine whether the Matrimonial Causes Act of 1973 act needs updating.
Ministers have already changed the law to allow for “no fault” divorces – meaning couples don’t have to put a reason for their split.
It led to a new high in the number of applications last year, the Ministry of Justice said.
Britain’s legal system is seen as more lenient towards estranged wives who aren’t earning – which has led to London becoming a magnet for wealthy couples looking to split.
It means courts tend to split the combined wealth of divorcing partners equally – even if one partner is the breadwinner.
But couples who go to court often spend thousands of pounds on legal fees, thanks to legal aid cuts.
And decades of case law means that judges have huge say in how splitting up cash and assets are awarded – creating uncertainty for divorcing couples.
Lawyers and experts want to rewrite the law to make it clearer how things should be split – and to iron out loopholes.
Reforms could save Brits money in long drawn out court battles, and legal fees ahead of agreements being signed.
Tory peer Baroness Shackleton of Belgravia told Peers she and her colleagues can “make a fortune in arguing” as the guidelines are so old and out of date.
She told the House of Lords: “There is no use in having a divorce if the money is not sorted out. The house has to be sold and the children are caught in the conflict.
“Divorce practitioners like me make a fortune in arguing, because the guidelines are 50 years out of date.
“Many people in this country are touched by this and I would like an assurance that it will be included in the King’s Speech as vital business on the agenda, because responsible governments do service to this.”
Most read in The Sun
Justice minister Lord Bellamy said: “These matters will be considered fully in a forthcoming review, hopefully by the Law Commission.
“Subject to final agreement, I hope to make a further announcement very soon indeed.”
Jo Edwards, chairwoman of the family law group for Resolution, which represents family justice professionals, said: “There are undoubtedly areas which need greater clarity such as spousal maintenance payments — whether any should be paid and, if so, how much and for how long.”